UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

FORT MYERS DIVISION

DR. JORG BUSSE, JENNIFER FRANKLIN PRESCOTT,

Plaintiffs,

versus Case # 2:10-CV-0089-FtM-JES-SPC

JOHN EDWIN STEELE; SHERI POLSTER CHAPPELL; ROGER ALEJO;

KENNETH M. WILKINSON; JACK N. PETERSON; GERALD BARD TJOFLAT;
RICHARD JESSUP; CIRCUIT JUDGE BIRCH; CIRCUIT JUDGE DUBINA;
RICHARD ALLAN LAZZARA; CHARLIE CRIST; LEE COUNTY VALUE
ADJUSTMENT BOARD; LORI L. RUTLAND; EXECUTIVE TITLE CO.;
JOHNSON ENGINEERING, INC.,
Defendants.

PUBLIC CORRUPTION NOTICE

____________________________________________________________________________/

NOTICE OF APPEAL RE RECORD PUBLIC CORRUPTION AND “DOC. 37”

PUBLISHED CONCLUSIVE PUBLIC CORRUPTION PROOF ON THE RECORD

NOTICE OF APPEAL FROM “ORDER”, “DOC. # 37, 07/07/10”

1. Plaintiff public corruption victims and record landowners hereby appeal from Defendant

Crooked Judge Honeywell’s facially fraudulent “order”, “Doc. # 37, 07/07/10”:

“Plaintiffs seek to prevent the attachment of a lien to property in Case No. 2:07-CV-
228-JES-SPC and seek a reversal of an order issued by this Court in Case No. 2:09-
CV-791, Dkt. 213.”

As a matter of law and pursuant to the Separation-of-Powers Doctrine, any involuntary

alienation could not have possibly been any legislative function. Only a court of law could

have possibly engaged in judicial due process. Here pursuant to the public record, Plaintiffs

held exclusive, unimpeachable, marketable, and unencumbered record title to “Lot 15A” in

the private undedicated residential “Cayo Costa” Subdivision, PB 3, PG 25 (1912).

 PRIMA FACIE IDIOCY OF HONEYWELL’S ORDERS, DOC. ## 213, 236; 37, 38

2. As a matter of law and basic logic, no “lien” could possibly “attach” to Plaintiffs’ “Lot 15A”,

PB 3 PG 25 (1912), if the record title to Plaintiffs’ said riparian Gulf-front property had

“transferred” to Lee County, Florida. Just like a bungling Government idiot, here Honeywell

made no sense, whatsoever. Here plain and short, Defendant Honeywell’s purported defense

and claim of a “resolution” and/or land use regulation were facially idiotic.

HONEYWELL CONCEALED FALSE PRETENSES OF LAND USE REGULATION

3. Here, Honeywell refused to answer plain and short questions such as, e.g., who or which

fictitious “lawmaker” purportedly “regulated” or “restricted” what “land use”? In particular,

Honeywell knew that the deceptively chosen “land use regulation” authorities and case law

in said fraudulent “judgment” and “opinion”, Doc. # 365, could NOT have possibly applied,

because here the legal issues were admittedly record title and ownership and NOT any

fictitious land use regulation. Here just like a Government idiot and “whore”, Honeywell

rambled about “frivolity” to mislead and deceive and evade the record legal issues.

EMERGENCY: HONEYWELL OBSTRUCTED JUSTICE

4. Rather than recuse herself because of her record idiocy and fraud, Honeywell continued to

obstruct justice and make more facially idiotic & illegal “orders”, Doc. ## 37, 38.

5. “In Case No. 2:09-CV-791”, e.g., Doc. ## 213, 236, Defendant Honeywell threatened and

silenced the Plaintiffs without any authority. Here, Defendant Honeywell illegally deprived

the Plaintiffs of court access for the unlawful and criminal purposes of coercing the Plaintiffs

to refrain from further prosecution. In particular, Honeywell illegally instructed the Clerk of

Court to obstruct and interfere with the orderly filing of Plaintiffs’ pleadings. See criminal

Complaints to law enforcement.

2
 PLAINTIFFS DEMANDED RELIEF FROM HONEYWELL’S IDIOTIC ORDERS

6. Here, Honeywell knew that the Plaintiffs were never divested of their unimpeachable record

title to their riparian Gulf-front property against their will. In particular, Honeywell knew that

scam “O.R. 569/875” was not, and could not have possibly been any land use and/or police

power regulation. As a matter of absolute law, no police power regulation could possibly

transfer title against a landowner’s will. Honeywell knew and concealed that the “judgment”

and “opinion” “in Case No. 2:07-CV-228-JES-SPC” were on their faces judicial shit and

conclusive proof of public corruption and conspiracy to defraud and deliberately deprive

under color of fake “resolution 569/875”, which had never existed.

HONEYWELL’S RECORD TRICKERY, DECEPTION, FRAUD, AND FRIVOLITY

7. Here, Defendant Crooked Judge C. E. Honeywell conspired with other Defendants and

Government Officials to perpetrate, e.g., record deception, trickery, and fraud under

fraudulent pretenses of fictitious “resolution 569/875”:

“In a resolution adopted in December 1969 by the Board of Commissioners of Lee

County, Florida, Lot 15A, among other property, was claimed as public land
(“Resolution 569/875") (Dkt 5, Ex. 3, p. 9).”

HONEYWELL CONCEALED FACIALLY FRAUDULENT OPINION & JUDGMENT

8. Here, Honeywell knew that the “judgment” and “opinion” “in Case No. 2:07-CV-228-JES-

SPC” were facially fraudulent, null, and void. See Doc. # 365; June 15, 2009. “The Board of

Commissioners of Lee County, Florida,” had never “claimed” “Lot 15A” “as public land”.

HONEYWELL KNEW THAT PLAINTIFFS APPEALED FRAUDULENT JUDGMENT

9. Defendant Honeywell knew that Plaintiffs were the unimpeachable title holders and tax

payers of record, and that several Appeals have been pending regarding the prima facie

extortion and fraud on the public record.

3
10. Here, “judicial whore” Honeywell knew that no judgment had ever existed to support any

“lien”. See Doc. # 365. Here, Def. Honeywell conspired with other Defendants such as, e.g.,

Kenneth M. Wilkinson and Jack N. Peterson and fraudulently concealed fake land parcels

“12-44-20-01-00000.00A0” and “07-44-21-01-00001.0000” and the prima facie illegality

and nullity of the fraudulent “judgment” and “opinion” in Case 2:07-cv-00228.

PLAINTIFFS HAD SUED DEFENDANT CROOKED JUDGE C. E. HONEYWELL

11. The Plaintiff public corruption victims had sued Defendant Corrupt U.S. Judge Charlene E.

Honeywell and other Defendant U.S. Agents in their private individual capacities for prima

facie unlawful and criminal acts outside any “immunity” and “official capacity”. Here,

Defendant Crooked Honeywell had multiple conflicts of interest and concealed her unlawful

and criminal acts. See 28 U.S.C. § 455, 28 U.S.C. § 144.

DEFENDANT CROOKED HONEYWELL CONSPIRED TO CONCOCT “resolution”

12. In particular, Defendant Crooked Judge Honeywell concocted and conspired with other

Defendants and Government Officials to concoct a “resolution” and/or “law” for facially

unlawful and criminal purposes of deliberately depriving & defrauding the Plaintiffs and

extorting real property and fees “under color of” sham “claim” “O.R. 569/875”. In the record

absence of any “legal description” in said Government scam “O.R. 569/875”, Honeywell

idiotically pretended:

“In a resolution adopted in December 1969 by the Board of Commissioners of Lee

County, Florida, Lot 15A, among other property, was claimed as public land
(“Resolution 569/875") (Dkt 5, Ex. 3, p. 9).”

See Case No. 2:09-CV-791, Dkt. 213, p. 5.

Here on the public record, Honeywell fraudulently concealed and conspired to conceal that

no “lawmaker” had ever “adopted” prima facie sham “resolution 569/875” and that no “legal

4
 description” of accreted riparian “Lot 15A”, S.T.R.A.P. # 12-44-20-01-00015.015A, had

appeared in said prima facie scam “O.R. 569/875”. In particular, Honeywell concealed and

conspired to conceal that any involuntary alienation would have exclusively been a judicial

function. Here, Honeywell fabricated said judicial trash even though she knew that no

“legislative act”, “resolution”, law and/or “O.R. 569/875” could have possibly involuntarily

divested the Plaintiffs of their record property. Here plain and short, Honeywell acted like a

“judicial whore” in obvious contempt of law and order. Here, Honeywell’s record policy and

custom has been to pervert the law and perpetrate fraud on the Court.

DEF. HONEYWELL FRAUDULENTLY CONCEALED INCOMPREHENSIBLE SCAM

13. Here, Defendant Crooked Honeywell fraudulently concealed that the law did not recognize

any “claim as public land” and/or “resolution 569/875”. See also Chapters 95; 73, 74; 712,

Florida Statutes; ADVERSE POSSESSION; EMINENT DOMAIN; FLORIDA’S SELF-

ENFORCING MARKETABLE RECORD TITLE ACT.

HONEYWELL CONCEALED NULL & VOID HOAX

14. Here Honeywell knew that said prima facie extortion scheme “O.R. 569/875” had lacked any

color, legal description, and legislative signature. No name of any lawmaker and no

legislative history had existed. Just like a pedophile priest, here Honeywell raped innocent

Plaintiffs and obstructed justice and investigation of the record crimes by Defendant

Government Agents.

15. Here, Def. Crooked Honeywell knew that the Plaintiffs had fundamental rights to own their

riparian street and up lands on the Gulf of Mexico and exclude Government.

CROOKED HONEYWELL CONSPIRED TO COVER UP AND CONCEAL

5
16. Here, Honeywell covered up, and conspired to cover up, for the prima facie unlawful and

criminal acts of Defendant Crooked Judges John E. Steele, Joel Dubina, Susan H. Black, and

Stanley F. Birch, who had fraudulently concealed Plaintiffs’ fundamental rights, Doc. ##

338, 365; Case No. 2:07-CV-228:

“Property rights would not be fundamental rights since they are based on state law.”

See prima facie vile judicial trash, Doc. # 365; ¶ D.

“Additionally, substantive due process protects only fundamental rights, that is, those
rights which are implicit in the concept of ordered liberty. Such rights are created by
the Constitution, and do not include property rights.”

See prima facie vile judicial trash, Doc. # 338, p. 10, ¶ B.

EMERGENCY OF RECORD JUDICIAL “SHIT” AND CORRUPTION

17. Here, no intelligent, rational, fit, and honest judge, juror, and/or person in Steele’s, Dubina’s,

Birch’s, and Black’s shoes could have possibly determined such utterly arbitrary, capricious,

and contemptuous shit. Here, said judicial Crooks disrespected and raped the law in bright

day light and then covered up under false pretenses of “frivolity” and “vexatiousness” claims.

18. American society has been built upon and around the fundamental Constitutional right to

own property and exclude Government. Here of course, said Government Crooks’ record

perversion of both Federal and Florida Constitutions was an EMERGENCY of the first order.

EMERGENCY OF PUBLIC CORRUPTION & FRAUD

19. Here, Plaintiff public corruption victims defended against fraudulent “claims”, defenses,

prima facie scam “O.R. 569/875”, and said fake “land parcels”. “Judicial whore” Honeywell

tarnished the reputation of this Court, and Plaintiffs were absolutely entitled to Honeywell’s

recusal. Here, the unlawful “lien”, threats, and extortion under color of scam “O.R. 569/875”

were EMERGENCIES on the record. See Doc. ## 365; 360.

6
20. Pursuant to local rule 3.01

“(e) Motions of an emergency nature may be considered and determined by the Court
at any time, in its discretion (see also, Rule 4.05). The unwarranted designation of a
motion as an emergency motion may result in the imposition of sanctions.”

Here, Defendant “judicial whore” Honeywell was NOT the Court. Defendant objectively

crooked Judge Honeywell has been merely an objectively partial and corrupt judicial officer,

who has been raping the law under color of, e.g., “O.R. 569/875” and fake “land parcels”…

8
7
 Case Management and Scheduling Order setting the discovery deadlines,
pretrial and trial.

K Writ of Execution/Garnishment (Fed R.Civ.P. 69): When requesting the

Clerk to issue a Writ of Execution, you will need a proposed writ form for
issuance and a certified copy of the judgment. Writ of Execution forms are
available from the Clerk’s Office. When requesting the Clerk to issue a Writ
of Garnishment, you will need a proposed order for writ issuance, a Motion
to Issue Writ of Garnishment, and a certified copy of the judgment. If
approved by the Court, the original Writ of Execution/Garnishment and a
certified copy of the judgment are forwarded to the U.S. Marshal’s Service if
accompanied by a completed 285 Form (Process Receipt and Return) which
may be obtained from the Clerk’s Office or the Marshal’s Service. Fees to
the Marshal’s Service on the 285 Form should be paid in advance to the
Marshal’s Service. Services by specially appointed server must be requested
in a motion for the Court’s ruling. If the appropriate paperwork is not
provided, the writ will be returned to the requesting party.

II PLACE OF FILING: (Local Rule 1.02)

All civil proceedings of any kind shall be instituted in that Division encompassing the
county or counties having the greatest nexus with the cause, giving due regard to
the place where the claim arose and the residence or principal place of business of
the parties. Please consult Local Rule 1.02(b) for a listing of the counties which
comprise each Division.

III OBTAINING CIVIL CASE INFORMATION:

A. Initial Case Filing - Assistance regarding initial case filing should be sought
from the Intake Clerk for each Division. The Intake Clerk can also be helpful
regarding miscellaneous procedures such as filing foreign judgments,
issuance of subpoenas and providing forms approved for use by the Court.

B. Case Numbering System - EXAMPLE 6:99-cv-202-Orl-18DAB

6=Orlando 99=year cv=civil case or cr=criminal case 202=case #
Orl=Orlando Division 18=Judge Sharp DAB=Magistrate Judge Baker

Divisional codes within this District = T (Tampa), ORL (Orlando), OC (Ocala),

J (Jacksonville), and FtM (Ft. Myers)
Office code numbers = Tampa (8), Orlando (6), Ocala (5), Jacksonville (3),
Ft. Myers (2)

C. Case Scheduling Information - The courtroom deputy is responsible for

case management and can provide information as to hearing and trial dates.
Since courtroom deputies are frequently in Court, they have answering
machines for receiving messages at all times during the business day.

D. Court Reporting - Transcription of testimony is the responsibility of the Court

Reporter. Counsel should make arrangements regarding preparation of
transcripts, delivery, and fees with the court reporter. Telephone numbers for
official court reporters are as follows:
Revised: 04/2005 Page 5 of 11
 UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

CLERK'S OFFICE
GUIDE TO SERVICES AND PROCEDURES
7/12/2010 Advisory Legal Opinion - Recording of …

Florida Attorney General

Advisory Legal Opinion
Number: AGO 90-69
Date: August 20, 1990
Subject: Recording of documents by clerk

Mr. Victor J. Troiano

Attorney for Clerk of the
Circuit Court of Polk County
Post Office Drawer 829
Lakeland, Florida 33802

RE: CLERKS OF THE CIRCUIT COURTS--RECORDS--recording of documents

by clerk when documents not required or authorized by law to be
recorded. s. 28.222, F.S.

Dear Mr. Troiano:

On behalf of Mr. E. D. "Bud" Dixon, Clerk of the Court of the Tenth

Judicial Circuit of Polk County, you have asked subtantially the
following question:

Is the clerk of the circuit court required to record documents

which are not specified in s. 28.222, F.S., or any other section of
the Florida Statutes?

In sum:

The clerk of circuit court may not accept any document for
recording in the official records of the county which the law does
not authorize or require him or her to record.

You state that recently the clerk's office has been receiving a
large number of documents for recordation which are not identified
in s. 28.222, F.S., or authorized or required to be recorded by
other statutes. These documents have included living wills, child
custody agreements entered into between the parties themselves
without court approval, foreign state birth certificates, foreign
country birth certificates, and documents written in a foreign
language without an English translation. The clerk of circuit court
is concerned that filing all original documents which are presented
for recording, without regard for legal requirements for filing or
consideration of the nature of the document, will create confusion
myfloridalegal.com/…/46B3C51EA99D… 1/4
7/12/2010 Advisory Legal Opinion - Recording of,…
in the official records.

Pursuant to s. 28.222, F.S., the clerk of the circuit court is the

recorder of all instruments "that he may be required or authorized
by law to record" in the county which he serves as clerk.[1] All
instruments are to be recorded in one general series of books
designated the "Official Records."[2] The clerk is statutorily
required to record the following kinds of instruments:

"(a) Deeds, leases, bills of sale, agreements, mortgages, notices

or claims of lien, notices of levy, tax warrants, tax executions,
and other instruments relating to the ownership, transfer, or
encumbrance of or claims against real or personal property or any
interest in it; extensions, assignments, releases, cancellations,
or satisfactions of mortgages and liens; and powers of attorney
relating to any of the instruments.
(b) Notices of lis pendens . . . .
(c) Judgments, including certified copies of judgments, entered by
any court of this state . . . and assignments, releases, and
satisfactions of the judgments.
(d) That portion of a certificate of discharge, separation, or
service which indicates the character of discharge, separation, or
service of any citizen of this state with respect to the military,
air, or naval forces of the United States. . . .
(e) Notices of liens for taxes payable to the United States, and
certificates discharging, partially discharging, or releasing the
liens, in accordance with the laws of the United States.
(f) Certified copies of petitions, with schedules omitted,
commencing proceedings under the Bankruptcy Act of the United
States . . . .
(g) Any other instruments required or authorized by law to be
recorded."[3]

This office has previously stated that the clerk of circuit court,
although a constitutional officer, possesses only such powers as
have been expressly or by necessary implication granted by
statute.[4] The clerk of court's power to act must clearly appear
from the particular statute and record to which it applies.[5]
Further, because of the statutory nature of the clerk's authority,
his official actions, in order to be binding upon others, must be
in conformity with such statutes.[6]

In this regard, s. 28.222(1), F.S., provides that the clerk of the

circuit court shall be "the recorder of all instruments that he may
be required or authorized by law to record in the county where he
is clerk." As such, the clerk is directed to record in the official
records of the county the kind of instruments specifically
enumerated in s. 28.222, F.S., and any other instruments or
certified copies of instruments required or authorized by law to be
recorded in the official records of the county.[7]
myfloridalegal.com/…/46B3C51EA99D… 2/4
7/12/2010 Advisory Legal Opinion - Recording of …

A legislative direction as to how a thing shall be done is, in

effect, a prohibition against its being done in any other way.[8]
Thus, the statutory direction that only those instruments required
or authorized by law may be recorded constitutes a prohibition
against recording other types of instruments. In addition it is the
general rule that records must be made pursuant to law and not in
disregard thereof.[9]

Therefore, it is my opinion that the clerk of circuit court is not

obligated to record any document or instrument which is not
specifically required or authorized to be recorded by s. 28.222,
F.S., or other provision of law.

Sincerely,

Robert A. Butterworth
Attorney General

RAB/tgh
-----------------------------------------------------------------

[1] Section 28.222(1), F.S.

[2] Section 28.222(2), F.S.

[3] Section 28.222(3), F.S.

[4] See, AGO's 86-38, 80-59, 79-70, and 78-95.

[5] Ferlita v. State, 380 So.2d 1118 (2 D.C.A. Fla., 1980); Pan
American World Airways v. Gregory, 96 So.2d 669 (3 D.C.A. Fla.,
1957).

[6] Security Finance Company v. Gentry , 109 So. 220 (Fla. 1926);
Overholser v. Overstreet , 383 So.2d 953 (3 D.C.A. Fla., 1980). See
generally, 14 C.J.S. Clerks of Courts s. 33 (1939).

[7] For examples of other documents authorized by law to be

recorded, see, e.g. , s. 28.29, F.S. (recording of orders and
judgments of the courts in the official records); s. 55.10, F.S.
(liens on real estate when a certified copy of a judgment, order,
or decree is recorded in the official records); and s. 695.15, F.S.
(recording conveyances lost by fire).

[8] Alsop v. Pierce, 19 So.2d 799, 804-805 (Fla. 1944); Thayer v.

State, 335 So.2d 815, 817 (Fla. 1976).

[9] Coplan Pipe and Supply Company v. McCann, 132 So.2d 632 (3
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7/12/2010 Advisory Legal Opinion - Recording of …
D.C.A. Fla., 1961); and see, AGO 75-214 (a certified copy of an
amendment to a certificate of incorporation changing the name of a
corporation, which copy is received from the Department of State,
is not authorized or required by law to be recorded in the official
records of a county).

myfloridalegal.com/…/46B3C51EA99D… 4/4
7/12/2010 Advisory Legal Opinion - Recording of …
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AG Bill McCollum Number: AGO 90-69
Date: August 20, 1990
Office Information
Subject: Recording of documents by clerk
Programs and Units
Employment Mr. Victor J. Troiano
Open Government
Attorney for Clerk of the
Circuit Court of Polk County
Crime and Fraud Post Office Drawer 829
Consumer Protection Lakeland, Florida 33802
Citizen Safety
RE: CLERKS OF THE CIRCUIT COURTS--RECORDS--recording of documents by clerk
Victims' Services when documents not required or authorized by law to be recorded. s. 28.222,
AG Opinions F.S.

Keep up with our latest Dear Mr. Troiano:

news and consumer
information: On behalf of Mr. E. D. "Bud" Dixon, Clerk of the Court of the Tenth
Judicial Circuit of Polk County, you have asked subtantially the following
Enter email address question:
Submit
Is the clerk of the circuit court required to record documents which are
not specified in s. 28.222, F.S., or any other section of the Florida
Newsletter Statutes?

RSS feed In sum:

Audio Msg
The clerk of circuit court may not accept any document for recording in the
Twitter official records of the county which the law does not authorize or require
him or her to record.

Fraud Hotline You state that recently the clerk's office has been receiving a large
1-866-966-7226 number of documents for recordation which are not identified in s. 28.222,
F.S., or authorized or required to be recorded by other statutes. These
Contact Us documents have included living wills, child custody agreements entered into
between the parties themselves without court approval, foreign state birth
certificates, foreign country birth certificates, and documents written in
a foreign language without an English translation. The clerk of circuit
court is concerned that filing all original documents which are presented
for recording, without regard for legal requirements for filing or
consideration of the nature of the document, will create confusion in the
official records.

Pursuant to s. 28.222, F.S., the clerk of the circuit court is the recorder
of all instruments "that he may be required or authorized by law to record"
in the county which he serves as clerk.[1] All instruments are to be
recorded in one general series of books designated the "Official
Records."[2] The clerk is statutorily required to record the following
kinds of instruments:

"(a) Deeds, leases, bills of sale, agreements, mortgages, notices or claims

of lien, notices of levy, tax warrants, tax executions, and other
instruments relating to the ownership, transfer, or encumbrance of or
claims against real or personal property or any interest in it; extensions,
myfloridalegal.com/…/46B3C51EA99D… 1/3
7/12/2010 Advisory Legal Opinion - Recording of …
assignments, releases, cancellations, or satisfactions of mortgages and
liens; and powers of attorney relating to any of the instruments.
(b) Notices of lis pendens . . . .
(c) Judgments, including certified copies of judgments, entered by any
court of this state . . . and assignments, releases, and satisfactions of
the judgments.
(d) That portion of a certificate of discharge, separation, or service
which indicates the character of discharge, separation, or service of any
citizen of this state with respect to the military, air, or naval forces of
the United States. . . .
(e) Notices of liens for taxes payable to the United States, and
certificates discharging, partially discharging, or releasing the liens, in
accordance with the laws of the United States.
(f) Certified copies of petitions, with schedules omitted, commencing
proceedings under the Bankruptcy Act of the United States . . . .
(g) Any other instruments required or authorized by law to be recorded."[3]

This office has previously stated that the clerk of circuit court, although
a constitutional officer, possesses only such powers as have been expressly
or by necessary implication granted by statute.[4] The clerk of court's
power to act must clearly appear from the particular statute and record to
which it applies.[5] Further, because of the statutory nature of the
clerk's authority, his official actions, in order to be binding upon
others, must be in conformity with such statutes.[6]

In this regard, s. 28.222(1), F.S., provides that the clerk of the circuit
court shall be "the recorder of all instruments that he may be required or
authorized by law to record in the county where he is clerk." As such, the
clerk is directed to record in the official records of the county the kind
of instruments specifically enumerated in s. 28.222, F.S., and any other
instruments or certified copies of instruments required or authorized by
law to be recorded in the official records of the county.[7]

A legislative direction as to how a thing shall be done is, in effect, a

prohibition against its being done in any other way.[8] Thus, the statutory
direction that only those instruments required or authorized by law may be
recorded constitutes a prohibition against recording other types of
instruments. In addition it is the general rule that records must be made
pursuant to law and not in disregard thereof.[9]

Therefore, it is my opinion that the clerk of circuit court is not

obligated to record any document or instrument which is not specifically
required or authorized to be recorded by s. 28.222, F.S., or other
provision of law.

Sincerely,

Robert A. Butterworth
Attorney General

RAB/tgh
-----------------------------------------------------------------

[1] Section 28.222(1), F.S.

[2] Section 28.222(2), F.S.

[3] Section 28.222(3), F.S.

[4] See, AGO's 86-38, 80-59, 79-70, and 78-95.

[5] Ferlita v. State, 380 So.2d 1118 (2 D.C.A. Fla., 1980); Pan American
World Airways v. Gregory, 96 So.2d 669 (3 D.C.A. Fla., 1957).

myfloridalegal.com/…/46B3C51EA99D… 2/3
7/12/2010 Advisory Legal Opinion - Recording of …

[6] Security Finance Company v. Gentry, 109 So. 220 (Fla. 1926); Overholser
v. Overstreet, 383 So.2d 953 (3 D.C.A. Fla., 1980). See generally, 14
C.J.S. Clerks of Courts s. 33 (1939).

[7] For examples of other documents authorized by law to be recorded, see,

e.g., s. 28.29, F.S. (recording of orders and judgments of the courts in
the official records); s. 55.10, F.S. (liens on real estate when a
certified copy of a judgment, order, or decree is recorded in the official
records); and s. 695.15, F.S. (recording conveyances lost by fire).

[8] Alsop v. Pierce, 19 So.2d 799, 804-805 (Fla. 1944); Thayer v. State,
335 So.2d 815, 817 (Fla. 1976).

[9] Coplan Pipe and Supply Company v. McCann, 132 So.2d 632 (3 D.C.A. Fla.,
1961); and see, AGO 75-214 (a certified copy of an amendment to a
certificate of incorporation changing the name of a corporation, which copy
is received from the Department of State, is not authorized or required by
law to be recorded in the official records of a county).

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 A BRIEF GUIDE TO SERVICES AND PROCEDURES

PART ONE: CIVIL CASE INFORMATION

I FILING FEDERAL CIVIL SUITS:

A. Fees (28 U.S.C. 1914) - Cash, business or personal check, or money order
made payable to Clerk, U.S. District Court for each case at the time of
opening the case. (currently $150.00 for civil actions and $5.00 for habeas
proceedings.)

B. Civil Cover Sheet, Form JS-44 [Local Rule 1.05(e)] - The Civil Cover Sheet,
Form JS-44, must be completed in its entirety and submitted with the
complaint. An original signature as well as Florida Bar number must be on
both the civil cover sheet and the complaint. The civil cover sheet does not
replace or supplement the filing and service of pleadings or other papers.
Instructions for completion of this form are on the reverse of the form.
Particular care should be given to the following:

1. County of Residence: This is frequently omitted and should be

completed for the first named plaintiff, except in U.S. plaintiff case,
and defendant, in U.S. plaintiff cases only.

2. Citizenship of Principal Parties: (Should be completed only when

diversity is the basis of jurisdiction.) This section requires only one X
for first plaintiff and one X for first defendant. Note: Corporations
should not be marked as citizens.

3. Cause of Action/Nature of Suit: Do not cite the jurisdictional statute

under the Cause of Action. This section requires the U.S. Civil Statute
under which you are filing and a brief statement of cause. Example:
15 U.S.C. 1051 - Trademark Infringement. (Statements such as
"Social Security Disability" are unacceptable.) Diversity cases should
always be cited under 28 USC 1332 (nature of suit will vary). Only
one box should be checked in the Nature of Suit section.

4. Dollar Demand: This is frequently omitted, but required if a specific

dollar amount appears in the complaint.

5. Jury Demand: Check "Yes" box if jury trial is demanded in the

complaint. (See, however, Rule 38, Fed.R.Civ.P.) Also, remember
that the title of the pleading should read “and Demand for Jury Trial,”
pursuant to Local Rule 1.06(a).

6. Related Cases: Reference pending cases.

7. Date and Signature of Attorney: The JS-44 Civil Cover Sheet must
bear the original signature of the attorney submitting the form assuring
its accuracy and completion.

Revised: 04/2005 Page 1 of 11

 C. Complaint (8 ½" x 11" paper, double spaced. Local Rules 1.05 - 1.06) -
Only the original complaint is required to be filed with the Court. The
complaint must be signed by a member of the Bar of this Court with
designation "Trial Counsel" by the name of trial counsel. The typed name of
counsel with complete address, telephone number and Florida Bar number
must appear in the signature block.

D. Subsequent case papers (Local Rule 1.05 - 8 ½" x 11" paper, double
spaced) - Each case paper filed with this Court must contain the following:

1. The properly titled district and division.

2. A brief style of the case.

3. The entire case number including the judge number. The judge
numbers are as follows:

District
Tampa Division:
17 - Elizabeth A. Kovachevich
23 - Steven D. Merryday
24 - Susan C. Bucklew
26 - Richard A. Lazzara
27 - James D. Whittemore
30 - James S. Moody, Jr.
15 - William J. Castagna
Magistrate
MAP - Mark A. Pizzo
TGW - Thomas G. Wilson
TBM -Thomas B. McCoun, III
EAJ - Elizabeth A. Jenkins
MSS - Mary S. Scriven

Orlando Division:
19 - Patricia C. Fawsett KAS - Karla A. Spaulding
22 - Anne C. Conway DAB - David A. Baker
28 - John Antoon II JGG - James G. Glazebrook
31 - Gregory A. Presnell
18 - G. Kendall Sharp
06 - George C. Young

Jacksonville Division:
20 - Harvey E. Schlesinger
25 - Henry Lee Adams, Jr.
32 - Timothy J. Corrigan
12 - Howell W. Melton
16 - John H. Moore, II
HTS - Howard T. Snyder
TEM - Thomas E. Morris
MCR - Monte C. Richardson
MMH - Marcia Morales Howard

Ocala Division:
10 - Wm. Terrell Hodges GRJ - Gary R. Jones

Ft. Myers Division:

29 - John E. Steele DNF - Douglas N. Frazier
33 - Virginia Covington SPC - Sheri Polster Chappell

Revised: 04/2005 Page 2 of 11